S.B. 97 Enrolled

1

GOOD SAMARITAN ACT FOR ENGINEERS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael G. Waddoups
5 House Sponsor: Francis D. Gibson
6
7 LONG TITLE
8 General Description:
9 This bill provides immunity for professional architectural and engineering services
10 voluntarily provided during a declared state of emergency.
11 Highlighted Provisions:
12 This bill:
13 . provides immunity from liability for professional architectural and engineering
14 services produced:
15 . for a public official on a non-paid, voluntary basis; and
16 . during a declared state of emergency.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 78B-4-514, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78B-4-514 is enacted to read:
27 78B-4-514. Definitions -- Immunity for architects and engineers during
28 emergencies.
29 (1) As used in this section:

30 (a) "Architect" means a person licensed in accordance with Title 58, Chapter 3a,
31 Architects Licensing Act.
32 (b) "Declared state of emergency" means a state of emergency declared by the
33 governor of this state or by the chief executive officer of a political subdivision, in accordance
34 with Title 63A, Chapter 4, Disaster Response and Recovery Act.
35 (c) "Professional engineer" means a person licensed in accordance with Title 58,
36 Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act.
37 (d) "Public official" means an appointed or elected federal, state, or local official,
38 including building inspectors and police and fire chiefs, acting within the scope and
39 jurisdiction of their authority during a declared emergency.
40 (2) An architect or professional engineer, acting in good faith and within the scope of
41 their respective licenses, is not liable for:
42 (a) any acts, errors, or omissions; or
43 (b) personal injury, wrongful death, property damage, or any other loss arising from
44 architectural or engineering services provided by the architect or engineer:
45 (i) as a non-paid volunteer at the request of a public official; and
46 (ii) during, or for 90 days following, a declared state of emergency.
47 (3) Nothing in Subsection (2) shall be construed to provide immunity to an architect
48 or engineer for architectural or engineering services that are not within the scope of licensure.